Suit nets $90,000 for San Antonio man banned from City Hall

Updated Feb. 27, 2014, to add comments from City Attorney Robert F. Greenblum.

Local government gadfly Michael Cuellar, a former city employee who was banned from City Hall and other city-owned buildings in 2012, has been awarded a $90,000 settlement, according to last week’s City Council agenda:

“In September, 2012, Michael Cuellar was prohibited from entering certain city facilities. Mr. Cuellar filed suit against the City challenging the City’s decision to prohibit him from the certain city facilities. This settlement resolves the disputed claims.”

“Our primary concern at the city is to protect the safety of our employees and any citizens who would visit City Hall for any reason, including Mr. Cuellar,” City Attorney Robert F. Greenblum said Wednesday, “and, of course, we take the decision by (U.S. District Judge Xavier Rodriguez) seriously.”

Cuellar did not return requests for comment.

According to the agenda item, Greenblum recommended a settlement rather than risk taking the case to trial:

“It is in the best interest of the City to settle this matter to avoid the uncertainties and risks associated with a jury trial.”

Cuellar sued the city early last year, a ban from City Hall violated his First Amendment rights to free speech, assembly and to petition government officials, according to Express-News archives. Cuellar filed the suit in early February in federal court, and was represented by the Texas Civil Rights Project.

In March 2013, Police Chief William McManus and City Attorney Michael Bernard testified in federal court that Cuellar was considered a potential risk to other city employees.

U.S. District Judge Xavier Rodriguez ruled that the city did not have enough evidence to prove Cuellar was a threat to other city employees. The judge removed the ban, setting the stage for a trial.

“This is one of the most bizarre First Amendment cases I’ve seen in my 40-year legal career,” TCRP director Jim Harrington told the Express-News in 2013. “You can’t just ban someone from ever again speaking to government officials, either individually or assembled as a City Council”

Records show that John Foddrill, another former city employee, was also banned.

The settlement, which required Council approval because it was more than $50,000, is pulled from the city’s Self-Insurance Liability Fund.